151AQBAdvisory notices

151AQB Advisory notices

Issue of advisory notice

(1) The Commission may give a carrier or carriage service provider a written notice (an advisory notice) advising the carrier or provider of the action it should take, or consider taking, in order to ensure that it does not engage, or continue to engage, in anti‑competitive conduct.

(2) The Commission does not have a duty to consider whether to issue an advisory notice in relation to:

(a) a particular instance of anti‑competitive conduct; or

(b) a particular kind of anti‑competitive conduct;

before it issues a Part A competition notice in relation to that instance or kind of conduct.

Nature of advisory notice

(3) An advisory notice is an instrument of an advisory character.

Varying or revoking advisory notice

(5) The Commission may vary or revoke an advisory notice.

(6) If an advisory notice is varied, the Commission must give the carrier or carriage service provider concerned a written notice setting out the terms of the variation.

(7) If an advisory notice is revoked, the Commission must give the carrier or carriage service provider concerned a written notice stating that the advisory notice has been revoked.

Publication of advisory notice

(8) If the Commission is satisfied that:

(a) the publication of an advisory notice would result, or be likely to result, in a benefit to the public; and

(b) that benefit would outweigh any substantial prejudice to the commercial interests of a person that would result, or be likely to result, if the advisory notice were published;

the Commission may publish the advisory notice in such manner as it thinks fit.